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ARMY | BCMR | CY2005 | 20050006212C070206
Original file (20050006212C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           1 December 2005
      DOCKET NUMBER:  AR20050006212


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Lisa O. Guion                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Richard G. Sayre              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Army Good Conduct Medal
(AGCM).

2.  The applicant states, in effect, he was told by his commander that the
Army Commendation Medal (ARCOM) and AGCM would follow him to his Reserve
unit.  He indicates that the ARCOM did arrive, but the AGCM did not.

3.  The applicant provides a Letter of Appreciation in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error that occurred
on 19 August 1984.  The application submitted in this case is dated 11
April 2005.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records show he enlisted in the Regular Army
and entered active duty on 20 August 1981.  He was trained in, awarded, and
served in military occupational specialty (MOS) 76P (Material Control and
Accounting Specialist).

4.  The applicant’s Military Personnel Records Jacket (MPRJ) contains no
recommendation for, or orders awarding him the AGCM.  The MPRJ contains no
derogatory information, or unit commander disqualification that would have
precluded the applicant from receiving the AGCM.

5.  On 19 August 1984, the applicant was honorably released from active
duty (REFRAD) after completing 3 years of active military service.  The
separation document (DD Form 214) he was issued at the time shows, in Item
13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or
Authorized), that he earned the following awards during his active duty
tenure:  Army Achievement Medal; Army Service Ribbon; Overseas Service
Ribbon; Sharpshooter Qualification Badge with Rifle Bar; and 1st Class
Grenade Badge.
6.  The applicant provides a Letter of Appreciation from the commanding
general (CG) of the United States Army Field Artillery Center and Fort
Sill, Fort Sill, Oklahoma, dated 18 June 1984, in support of his
application.  This letter indicated that upon the conclusion of the
applicant’s term of service, the CG wished to thank him for a job well
done.  The CG also indicated that the applicant’s devotion to duty during
his enlistment contributed to the success of the Army in achieving its
mission.  The CG concluded by thanking the applicant for his honorable
service and contributions to his country.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Chapter 4 of the awards
regulation prescribes the policy for award of the AGCM.  It states, in
pertinent part, that the AGCM is awarded to individuals who distinguish
themselves by their conduct, efficiency and fidelity during a qualifying
period of active duty enlisted service.  This period is 3 years, except in
those cases when the period for the first award ends with the termination
of a period of Federal military service, in which case a period of more
than 1 year is a qualifying period.  Although there is no automatic
entitlement to the AGCM, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his commander informed him that he
would receive the AGCM has been carefully considered.  There are no
evidentiary documents in the applicant's MPRJ to specifically show that the
applicant was awarded or recommended for award of the AGCM.  However, at
the time of his REFRAD, his commanding officer commended him for his
honorable service and devotion to duty during his enlistment.

2.  The evidence of record confirms the applicant served on active duty
from
20 August 1981 to 19 August 1984, and was honorably separated at that time.
 His MPRJ is void of any derogatory information or a formal unit commander
disqualification that would preclude award of the AGCM.  Thus, it would be
appropriate to award him the AGCM for his qualifying period of honorable
active duty service at this time.

BOARD VOTE:

___JTM _  ___ML __  ___RGS_  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by awarding him the Army Good Conduct
Medal for his qualifying period of honorable active duty service from 20
August 1981 through 19 August 1984; and by issuing him a correction to his
separation document to reflects this award.




            ____John T. Meixell_______
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050006212                           |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2005/12/01                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1984/08/19                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0056                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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